Birthright Citizenship in the United States: Complete Guide 2026
Birthright citizenship in the United States raises many questions among immigrant families. In 2026, after rumors, executive orders, and national debates, the Supreme Court reaffirmed that persons born on U.S. territory are U.S. citizens at birth, regardless of their parents’ immigration status.
In this article, we explain what birthright citizenship means, who qualifies, whether U.S. citizenship obtained by birth can be lost, and what current law establishes.
What is birthright citizenship?
Birthright citizenship (also called jus soli) means that any person born on U.S. territory and subject to its jurisdiction is automatically a United States citizen. This guarantee is found in the 14th Amendment to the Constitution, which has been in effect since 1868.
This includes children of:
Undocumented parents
Parents with temporary visas
Parents with mixed immigration status
The Supreme Court reaffirmed this interpretation in United States v. Wong Kim Ark (1898) and, again, in Trump v. Barbara (2026).
Birthright Citizenship in the United States: Who Qualifies
According to federal law (8 U.S.C. § 1401), the following individuals are citizens by birth:
Those born in U.S. territory and subject to its jurisdiction.
Those born in U.S. waters or U.S. airspace.
Those born in certain territories where federal law grants automatic citizenship.
Very limited exceptions
The only people who do not receive automatic citizenship at birth are children of:
Accredited foreign diplomats
Hostile occupying forces
Individuals born in unincorporated territories without explicit federal citizenship laws (such as American Samoa)
Birthright Citizenship USA: Children Born Outside the Country
Citizenship can also be transmitted by right of blood (jus sanguinis) when a child is born outside the United States and one of the parents is a U.S. citizen.
The requirements depend on whether the child was born inside or outside of marriage and on the amount of physical presence the U.S. citizen parent has in the United States.
Can birthright citizenship in the United States be lost?
This is one of the most common questions among the families we work with.
This is one of the most common questions among the families we work with.
The Supreme Court made it clear in 2026 that no child born on U.S. soil can lose their citizenship, regardless of their parents’ immigration status.
The only way to stop being a U.S. citizen is to:
Voluntarily renounce your citizenship before the Department of State.
Commit specific acts that constitute a voluntary renunciation (these are extremely rare and very difficult for the government to prove).
But the government cannot take away your citizenship if you were born in the United States.
Children Born Outside the Country
In cases of citizenship transmitted through parents (not by birth in the United States), there were historically “retention” requirements, but these were eliminated for individuals born after 1952.
Why was there so much confusion in 2025–2026?
In 2025, Executive Order 14160 attempted to deny citizenship to children born in the United States to parents who were undocumented or present on temporary visas.
However:
The order never went into effect.
It was blocked by the courts from day one.
It was declared invalid by the Supreme Court on June 30, 2026.
Today, the law is clear:
Birthright citizenship in the United States remains protected by the Constitution, and that protection does not vary based on the parents' immigration status.
Why this information matters for your family
Birthright citizenship guarantees:
Full constitutional protection
The right to vote
Access to federal benefits
The ability to petition certain family members
Lifetime legal security
At MCD Immigration Law, we help families understand their rights and navigate immigration processes with clarity and confidence.
Do you need guidance on citizenship or help with a family‑based case?
We’re here to help.
MCD Immigration Law
10 Federal St, Suite 401
Salem, MA 01970
This blog post is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, please consult an immigration attorney.